Revolutionary War Pension and Bounty Land Warrant Application File S. 6857, Allison Fleming, N.C.

SERVICE
NUMBER
No. 6
Fleming, Allison.
S. 6857
Born in Del.
CONTENTS
Carded

North Carolina 16.519
Alison Fleming -
Rowan in the State of N.C. who was a Pvt: in the commanded by Captain of the Regt commanded by Col. Paisly in the N.C. Ca: line for 6 months.
Inscribed on the Roll of M c Guire at the rate of 20 Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of Aug t 1833 and T. Samuel Tillman. Salisbury. N.C.
Arrears to the 4th of March '33 40 Sem-ant. allowance ending Sept — 10
$50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath Rice Clerk Book 2 Vol. 6 Page 40
Dead -
Pension
Agent, June 13, 1837
Died 25 day of Nov: 1835

19398
Allison Fleming
N.C.
Admit as a pirate 11 months, $20—
J 327
4. 5. 11. 12.
Lp. Let.
April 9 th 1833
Jam T. Silliman Salisbury N.C.

BRIEF in the case of Allison Fleming County of Rowan — in the State of North Carolina (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Vol In 17 3 — Private Gen. Rutherford, Gaged   dropped 3 — " Capt Dickson Col Parish   Capt Huggins   he performed service as a minute man amounting to about 2 —  
 5. In what battles was he engaged? Ramsour's mill, Camden  6. Where did he reside when he entered the service? Rowan Co N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. Forrest Examining Clerk.

Allison Flemings Declaration
19398
✓

State of North Carolina } Rowan county } ss
On this 20 th day of November 1832 personally appeared in open court before the Magistrates who are Judges of the Court of Pleas and Quarter Sessions, now sitting, the same being a Court of Record Wilson Fleming a resident of Rowan county in the State of North Carolina aged seventy three years who being first duly sworn according to law doth, on his oath, make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That he was born in the County of Kent in the State of Delaware; that he has a record of his age at home which states that he was born the 6 th day of April 1759; that he removed to Rowan County, North Carolina at the age of about twelve years; where he has resided ever since.
That he entered the service of the United States as a volunteer in Rowan County in Captain Joseph Dickson's company and joined Colonel Pease's Regiment at a place called Kershaw's mill on Town Creek near what was called Pine Tree New Camden in South Carolina and served therefor three months; at the end of which time he returned home.
That he was afterwards drafted as a common soldier in Rowan County and marched under Captain James Huggins and joined General Rutherford's army near the Catawba river and was at the battle of Ramsour's Mill in Lincoln County, S. Carolina afterwards marched to Salisbury and from thence down the Yadkin and Pedee and joined General Gates' army and was at the battle at Gun Swamp near Camden where General Gates' army was totally routed; that he with some of the other troops afterwards rallied and assembled at Charlotte N.C. where he served the remainder of the three months, for which he had been drafted.
Besides these five terms of service he was what was called a minute man, which was, that the soldiers bound themselves by promise to go instantly when called upon by any of the officers on any military service that might be thought necessary or practicable for an uncertain time; those terms of irregular military service generally lasted but a few days at a time - and declarant thinks that his service in this manner amounted to about two months, or perhaps more; as he has lately been visited by a paralytic stroke which has much impaired his memory - He further stated that he hired a substitute for a term of three months to perform military service in his room and place when he was drafted that he has no documentary evidence of his service refers to the testimony of John Gargan and James Kerr who served with him.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state within his knowledge.
Sworn to and subscribed in open court the day and year aforesaid.
W. Giles C.B.
Note the above applicant Wilson Fleming expected to produce direct evidence of his service; but those persons who served with him were unable to attend court. R. Williamson Atty

We John Carrigan and James Kerr resident in Rowan County do hereby certify that we are well acquainted with Allison Fleming who has subscribed and sworn to the foregoing Declaration, that we believe him to be twenty three years of age, that he served with him in the army part of the time he mentions and having full confidence in his integrity and veracity we believe that he served as he states.
Sworn to and subscribed in open court the day and year aforesaid
Jno Giles Clerk
John Carrigan
James E Kerr
And the said Court do hereby declare their opinion after investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary Soldier and served as he states. And the Court further certifies that it appears to them that John Carrigan and James E Kerr who have signed the proceeding certificate, are credible persons resident in Rowan County, and that their statement is entitled to credit. November 21 st 1832
Abel Graham Chairman
I John Giles clerk of the Court of Pleas and Quarter Sessions for Rowan County do hereby certify that the foregoing is the Original proceedings of the said Court in the matter of the application of Allison Fleming for a Pension, and that Able Graham Esq r is Chairman of said Court for this Term.
In testimony whereof I have hereunto set my hand and seal of office this 5 th day of December A D 1832.
Jno Giles Clerk
The foregoing declaration and certificates having been returned by the War Department with objections. The applicant Allison Fleming appeared before Hugh Hugh Parley an acting Justice of the Peace in and for Rowan County, North Carolina, and offered the following amendments and explanations to his Declaration on Oath. That his first term as a private militia Soldier in Captain Dickson's company continued three months in the year 1779 as he believes. That his second term of service was as a private militia Soldier continued three months and was in the summer of the year 1780, and that his

service as a minute man and private commenced in the year 1779 and continued at intervals until the fall of the year 1781. and that the whole time won to which added together be at least two months. That no clergyman resides in a acquaintance with him resides within any reasonable distance of him; and at a still greater distance from the Court house and he could not procure the attendance of any-
Sworn to and subscribed before me Allison Fleming the 12 th day of June A D 1833. Hugh Parks
I John Giles Clerk of the Court of Pleas and Quarter Sessions for Rowan County North Carolina Hereby certify that Hugh Parks Esq. before whom the foregoing amendment to the declaration of Allison Fleming appears to have been sworn to, is an acting Justice of the Peace in and for Rowan County and that the above signature purporting to be his is genuine.
In testimony whereof I have hereunto subscribed my name and affixed my seal of office the 25 th day of July - A D 1833.
John Giles Clerk

Reuben
6857
INVALID.
File No. 6857
Allison Fleming
Prv Rev War
Act: June 7th 1832
Index:—Vol. 1st , Page 127
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Alison Fleming further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No Supplied
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. † Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 4
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.